Search Results

1. [2023] NZEnvC 040 Canterbury Regional Council v Manawa Energy Limited [pdf, 188 KB]

   ...Regional Council seeking clarification as to its statutory duty to enforce the provisions of the National Water Conservation (Rakaia River) Order 1988. [2] David Williams, a reporter for Newsroom, has filed an application requesting access to the affidavits attached to the application for declaration in relation to the National Water Conservation (Rakaia River) Order 1988.1 District Court (Access to Court Documents) Rules 2017 [3] Rule 8(1) of the District Court (Access to Court D...

2. [2025] NZEmpC 83 Labour Inspector v Dao (Judgment (No 3) [pdf, 187 KB]

   ...ancillary orders to continue. The respondents sought to vary the orders by: (a) releasing the bank account belonging to HK89 Investment Ltd; and (b) releasing the bank account belonging to the H&K Family Trust. [7] The respondents’ sworn affidavits of assets and liabilities were filed in Court today (draft affidavits having been provided earlier). Amongst other things, these affidavits state that three properties which are subject to the freezing orders, and which are in...

3. [2007] NZEmpC CC 8/07 Employee v Employer [pdf, 87 KB]

   ...expiry of the 28-day period for a challenge which is prescribed in s179(2). [14] This included the Christmas and New Year period when the Court is closed and when legal advisors tend to be unavailable, or at least less available. In her first affidavit, the applicant said that she decided to instruct Mr Beck on 21 December 2005 but that the intervention of the holiday period meant that she could not see him until “mid-January 2006”. Regulation 74B of the Employment Court Regu...

4. Martin - Lot 2 Deposited Plan South Auckland 26130 (2013) 59 Waikato-Maniapoto MB 154 (59 WMN 154) [pdf, 135 KB]

   ...land. The proceedings [10] The application initially came before the Court on 16 November 2012. On that day directions were made in relation to notification of the preferred class of alienees. I also made directions for the filing of further affidavit evidence to explain what appeared to be an inconsistency between different copies of certificates of title for the block. [11] A second affidavit was filed by Mrs Martin on 19 December 2012 and the substantive hearing was held on 2...

5. IAA v Sparks [2013] NZIACDT 5 (07 February 2013) [pdf, 170 KB]

   ...outlined, the issues raised, and indicated the views that were potentially open on the material then before the Tribunal. The parties were given an opportunity to respond. [46] Mr Sparks and Ms Maerean responded with the following material: [46.1] an affidavit from Mr Acdal, the operations manager of Greenfields; [46.2] an affidavit from Mr Sparks; [46.3] an affidavit from Ms Maerean; and [46.4] submissions from counsel, for Mr Sparks and Ms Maerean. [47] The Authority did not ch...

6. AM v ZM LCRO 48 / 2010 (25 February 2011) [pdf, 131 KB]

   ...matters and in its own terms. The evidence provided to support the complaint included copies of correspondence exchanged between the Practitioner and the Applicant‟s solicitor, and the Practitioner‟s submissions and her client‟s supporting affidavit. [7] A review hearing was held on 1 December 2010, attended by both parties. The Practitioner was accompanied by Counsel. The Applicant was accompanied by a support person. The Applicant reiterated the substance of her complain...

7. National Standards Committee 1 v Palmer [2023] NZLCDT 13 (28 April 2023) [pdf, 157 KB]

   ...having regard to the seriousness of the misconduct, personal factors of the practitioner and the outcomes of similar cases. What happened after the penalty hearing? [2] In the course of the penalty hearing, Mr Palmer’s counsel relied on two affidavits,1 sworn by principals in the firm at which he was employed. The affidavits were relied on to show that Mr Palmer had behaved impeccably towards women in his four years at the firm, which he had joined following his departure from D...

8. [2019] NZEnvC 199 SKP Incorporated v Auckland Council [pdf, 7.9 MB]

   ...Waiheke, changes in freight services at the Kennedy Point Port, reconstruction works on a boat ramp and wharf at Kennedy Point, changes in parking restrictions in the locality and new information from traffic counts on the adjoining access road. Affidavits were filed containing tentative early expressions of opinion about these things. (6) In a memorandum of counsel for the applicant on 27 August 2019, a description was offered of research undertaken by the applicant into these new...

9. LCRO 126/2023 EG v HJ (28 November 2023) [pdf, 283 KB]

   ...creditor on the lodgement of both caveats. [6] There is neither primary nor secondary evidence as to the nature of the caveatable interest claimed by the creditor under either caveat. The caveat instruments are not in the materials and the affidavit evidence subsequently given relates only to a third caveat later lodged against the title to the [Suburb B] property. [7] The lawyer acting for the applicant was Mr KD of law firm, [Law Firm B] (the applicant’s lawyer). On 4 Apri...

10. [2010] NZEmpC 145 Young v Bay of Plenty DHB [pdf, 32 KB]

    ...Mr Young, by his solicitor, filed an application for leave to extend the time for filing his challenge. His application was accompanied by a bare and arguably insufficient draft statement of claim electing a challenge by hearing de novo and an affidavit from Mr Young setting out the circumstances in which he claimed he had failed to file his challenge as of right within time. That application was served on the respondent. So it follows that the delay after the expiry of the 28 day...